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(영문) 제주지방법원 2019.01.14 2018고단919
업무상과실치상
Text

1. Defendant A shall be punished by imprisonment without prison labor for six months;

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who works as the head of the Construction Management Department of the Co., Ltd. and manages the safety management, etc. of workers at the construction site of Seopo-si D-si (two Dongs), which is executed by the above company, and the defendant A is a driver of the accusation work (F) belonging to the "E", who is a lending company, such as the accusation work vehicle.

Defendant

B around 16:00 on October 25, 2017, around 16:00, it had the victim H (50 years of age) and I (52 years of age) who is a G employee who subcontracted the part of the above company with respect to the Changho and Sha City, run by the defendant A, get the victim H (50 years of age) and I (52 years of age) to get in the work stand of the accusation work vehicle operated by the defendant A and attach the name sign on the newly built Ba

In such a case, the Defendants had workers wear protective outfits, such as a safety cap and safety belt, and have to drive more than a maximum boom angle of booms so that they do not go ahead, to maintain the balance as possible, and to take measures to prevent the workers from carrying and moving the booms in the state of booming.

Nevertheless, Defendant B did not provide protective equipment to the victims in advance, and had Defendant A continue to work on the ground floor without taking all such safety measures as seen above for preventing the boom of the accusation work vehicle. Defendant A, without taking all such measures, had the victims board the work team and move the work team to the work site without having taken all measures as above, Defendant A, while driving a boom which exceeds the maximum ground slope angle of boom due to the failure to drive a boom, had the victims on board the work site fall off on the ground floor.

Ultimately, the Defendants jointly suffered injury to the victim H, which requires approximately 12 weeks of medical treatment due to occupational negligence as seen above, and the victim I suffered injury.

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